Specifically, the suit challenges the constitutionality of two newly-enacted California Penal Code sections, which require registered sex offenders to "immediately" provide the police with lists of "any and all Internet service providers: and "any and all Internet identifiers established or used" by the registrant. The plaintiffs alleged that their association and free speech rights would be irreparably harmed under the law.

Judge Henderson agreed, finding that the plaintiffs had raised "serious questions about whether the challenged sections of the CASE Act violate their First Amendment right to free speech and other constitutional rights," and noting that the balance of hardships tipped "sharply in favor" of issuing a Temporary Restraining Order (TRO).

California Attorney General Kamala Harris has until November 13 to file the state's opposition to a preliminary injunction against the CASE Act. Harris will likely argue that the Act was narrowly-tailored and advances significant government interest unrelated to the suppression of speech.